The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, the court below acquitted the defendant of the facts charged in this case, although it could sufficiently recognize the theft of the victim's cell phone, who is a passenger, based on the summary of the grounds for appeal (the factual error). The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Examining the evidence of this case in detail in light of the records, the court below is just in finding that the facts charged of this case, which the defendant stolen mobile phones owned by the victim for reasons as stated in its holding, is hard to see that the facts charged of this case was proven without any reasonable doubt, and there is no other evidence to acknowledge this, and there is no error of misunderstanding of facts as claimed by the prosecutor.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.